34   Appointment of Privacy Commissioner

(1)  The Governor may appoint a Privacy Commissioner.

(2)  The Privacy Commissioner holds office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(3)  A person is not eligible to be appointed for more than 2 terms of office as Privacy Commissioner (whether or not consecutive terms).

(4)  A person is not eligible to be appointed as Privacy Commissioner or to act in that office if the person is the Information Commissioner.

(5)  A person is not eligible to be appointed as Privacy Commissioner or to act in that office if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.

(6)  The Privacy Commissioner may be appointed on a full-time or part-time basis. If the Privacy Commissioner is appointed to office on a full-time basis, the Privacy Commissioner is required to hold the office on that basis except to the extent permitted by the Governor.